AB377: Bill Text

AB377,13 Section 13. 118.31 (3) (intro.) of the statutes is amended to read:

AB377,10,6 118.31 (3) (intro.) Subsection (2) does not prohibit an official, employee, or agent of a school board or of a private school from:

AB377,14 Section 14. 118.31 (4) of the statutes is amended to read:

AB377,10,14 118.31 (4) Each school board and each private school shall adopt a policy that allows any official, employee, or agent of the school board or private school to use reasonable and necessary force for the purposes of sub. (3) (a) to (h). In determining whether or not a person an official, employee, or agent of a school board or of a private school was acting within the exceptions in sub. (3), deference shall be given to reasonable, good faith judgments made by an the official, employee, or agent of a school board.

AB377,15 Section 15. 118.31 (5) of the statutes is amended to read:

AB377,10,21 118.31 (5) Except as provided in s. 939.61 (1), this section does not create a separate basis for civil liability of a school board or of a private school or their officials, employees or agents of an official, employee, or agent of the school board or private school for damages arising out of claims involving allegations of improper or unnecessary use of force by a school employees official, employee, or agent against students a pupil.

AB377,16 Section 16. 118.31 (6) of the statutes is amended to read:

AB377,11,2 118.31 (6) Nothing in this section shall prohibit, permit, or otherwise affect any action taken by an official, employee, or agent of a school board or private school with regard to a person who is not a pupil enrolled in the school district or in the private school.

AB377,17 Section 17. 118.33 (1) (f) 5. of the statutes is created to read:

AB377,11,8 118.33 (1) (f) 5. Beginning in the 2014-15 school year, the governing body of each private school participating in a parental choice program under s. 118.60 or 119.23 shall include in its policy under subd. 2m. or 2r. the requirements for granting a high school diploma specified in pars. (a) and (b), with the exceptions provided in pars. (d) and (e).

AB377,18 Section 18. 118.60 (2) (a) (intro.) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

AB377,11,16 118.60 (2) (a) (intro.) Any pupil in grades kindergarten to 12 who resides within an eligible school district may attend any private school under this section and, subject to pars. (be), (bm), and (bs), any pupil in grades kindergarten to 12 who resides in a school district, other than an eligible school district or a 1st class city school district, may attend any private school under this section if all of the following apply:

AB377,19 Section 19. 118.60 (2) (a) 1. a. of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

AB377,12,2 118.60 (2) (a) 1. a. Except as provided in par. (bm) subd. 1. am., the pupil is a member of a family that has a total family income that does not exceed an amount equal to 3.0 times the poverty level determined in accordance with criteria established by the director of the federal office of management and budget. In this subdivision and sub. (3m), family income includes income of the pupil's parents or legal guardians. The family income of the pupil shall be verified as provided in subd. 1. b. A pupil attending a private school under this section whose family income increases may continue to attend a private school under this section.

AB377,20 Section 20. 118.60 (2) (a) 1. am. of the statutes is created to read:

AB377,12,12 118.60 (2) (a) 1. am. Beginning in the 2014-15 school year, the pupil is a member of a family that has a total family income that does not exceed an amount equal to 1.85 times the poverty level determined in accordance with criteria established by the director of the federal office of management and budget. In this subdivision and sub. (3m), family income includes income of the pupil's parents or legal guardians. The family income of the pupil shall be verified as provided in subd. 1. b. A pupil attending a private school under this section whose family income increases above the income level in this subd. 1. am. may continue to attend a private school under this section.

AB377,21 Section 21. 118.60 (2) (a) 6m. of the statutes is created to read:

AB377,12,17 118.60 (2) (a) 6m. All instructional staff employed by the private school hold a license or permit to teach issued by the department. For purposes of this subdivision, "instructional staff" has the meaning given in the rules promulgated by the department under s. 121.02 (1) (a) 2.

AB377,22 Section 22. 118.60 (2) (a) 9. of the statutes is created to read:

AB377,12,20 118.60 (2) (a) 9. The private school has been in operation for the attendance of pupils for at least 2 school years.

AB377,23 Section 23. 118.60 (2) (a) 10. of the statutes is created to read:

AB377,12,22 118.60 (2) (a) 10. The private school is located in this state.

AB377,24 Section 24. 118.60 (2) (bm) of the statutes, as created by 2013 Wisconsin Act 20, is repealed.

AB377,25 Section 25. 118.60 (2) (c) of the statutes is amended to read:

AB377,13,4 118.60 (2) (c) 1. Notwithstanding par. (a) 6. and 6m., a teacher employed by a private school participating in the program under this section who teaches only courses in rabbinical studies is not required to have a bachelor's degree or hold a license or permit to teach issued by the department.

AB377,13,8 2. Notwithstanding par. (a) 6. and 6m., an administrator of a private school participating in the program under this section that prepares and trains pupils attending the school in rabbinical studies is not required to have a bachelor's degree or hold a license or permit to teach issued by the department.

AB377,26 Section 26. 118.60 (2) (d) of the statutes is created to read:

AB377,13,11 118.60 (2) (d) No more than 49 percent of a private school's enrollment may consist of pupils attending the private school under this section.

AB377,27 Section 27. 118.60 (3) (c) of the statutes, as created by 2013 Wisconsin Act 20, is amended to read:

AB377,13,20 118.60 (3) (c) If a participating private school rejects an applicant who resides in a school district, other than an eligible school district or a 1st class city school district, because the private school has too few available spaces, the applicant may transfer his or her application to a participating private school that has space available. An applicant rejected under this paragraph may, subject to sub. (2) (a) 1. am. and (be) and (bm), be admitted to a private school participating in the program under this section for the following school year.

AB377,28 Section 28. 118.60 (4) (bd) (intro.) of the statutes is created to read:

AB377,14,2 118.60 (4) (bd) (intro.) Upon receipt from the pupil's parent or guardian of proof of the pupil's enrollment in the private school during a school term, the state superintendent shall pay to the private school in which the pupil is enrolled on behalf of the pupil's parent or guardian, from the appropriation under s. 20.255 (2) (fr), an amount equal to the lesser of the following:

AB377,29 Section 29. 118.60 (4) (bd) 1. of the statutes is created to read:

AB377,14,6 118.60 (4) (bd) 1. The amount equal to the private school's operating and debt service cost per pupil that is related to educational programming, as determined by the department.

AB377,30 Section 30. 118.60 (4) (bd) 2. and 3. of the statutes are created to read:

AB377,14,10 118.60 (4) (bd) 2. The average of the tuition paid by a pupil attending the private school, but not under the program under this section or the program under s. 119.23, in the current and 2 preceding school years.

AB377,14,11 3. $6,442.

AB377,31 Section 31. 118.60 (4) (bg) 1. of the statutes, as affected by 2013 Wisconsin Act 20, is repealed.

AB377,32 Section 32. 118.60 (4) (bg) 2. of the statutes, as created by 2013 Wisconsin Act 20, is repealed.

AB377,33 Section 33. 118.60 (4) (bg) 3. of the statutes, as created by 2013 Wisconsin Act 20, is repealed.

AB377,34 Section 34. 118.60 (4) (bg) 4. of the statutes, as created by 2013 Wisconsin Act 20, is repealed.

AB377,35 Section 35. 118.60 (4) (bg) 5. of the statutes, as created by 2013 Wisconsin Act 20, is repealed.

AB377,36 Section 36. 118.60 (4) (d) (intro.) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

AB377,15,2 118.60 (4) (d) (intro.) In determining a private school's operating and debt service cost per pupil under par. (bg) (bd) 1., the department shall do all of the following, but may not determine separate costs for pupils enrolled in grades kindergarten to 8 and for pupils enrolled in grades 9 to 12:

AB377,37 Section 37. 118.60 (4) (d) 2. of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

AB377,15,17 118.60 (4) (d) 2. If legal title to the private school's buildings and premises is held in the name of the private school's parent organization or other related party, there is no other mechanism to include the private school's facilities costs in the calculation of its operating and debt service cost, and the private school requests that the department do so, include an amount equal to 10.5 percent of the fair market value of the school and its premises. If legal title to the private school's buildings and premises is held in the name of the private school's parent organization or other related party but the private school was not permitted to include an amount equal to 10.5 percent of the fair market value of the school and its premises in the 2012-13 school year, the private school may, beginning on July 2, 2013, request the department to include that amount. A request made by a private school under this subdivision remains effective in subsequent school years and may not be withdrawn by the private school.

AB377,38 Section 38. 118.60 (4m) of the statutes, as affected by 2013 Wisconsin Act 20, is repealed and recreated to read:

AB377,15,24 118.60 (4m) In addition to the payment under sub. (4), the state superintendent shall pay to each private school participating in the program under this section, on behalf of the parent or guardian of each pupil attending the private school under this section, in the manner described in sub. (4) (c), the amount determined as follows:

AB377,16,2 (a) Determine the private school's operating and debt service cost per pupil in summer school that is related to educational programming.

AB377,16,3 (b) Multiply the amount under par. (a) by 0.40.

AB377,16,6 (c) Multiply the product under par. (b) by the quotient determined by dividing the summer choice average daily membership equivalent of the private school by the total number of pupils for whom payments are being made under sub. (4).

AB377,39 Section 39. 118.60 (4r) (a) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

AB377,16,10 118.60 (4r) (a) Multiply the amount determined under sub. (4) (bg) (bd) by 0.616.

AB377,40 Section 40. 118.60 (7) (am) 1. of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

AB377,17,2 118.60 (7) (am) 1. An independent financial audit of the private school conducted by an independent certified public accountant, accompanied by the auditor's statement that the report is free of material misstatements and fairly presents pupil costs under sub. (4) (bg) (bd) 1. The audit under this subdivision shall be limited in scope to those records that are necessary for the department to make payments under subs. (4) and (4m). The auditor shall conduct his or her audit, including determining sample sizes and evaluating financial viability, in accordance with the auditing standards established by the American Institute of Certified Public Accountants. The department may not require an auditor to comply with standards that exceed the scope of the standards established by the American Institute of Certified Public Accountants. If a private school participating in the program under this section also accepts pupils under s. 119.23, the private school may submit one comprehensive financial audit to satisfy the requirements of this subdivision and s. 119.23 (7) (am) 1. The private school shall include in the comprehensive financial audit the information specified under s. 119.23 (7) (am) 1.

AB377,41 Section 41. 118.60 (7) (b) 3m. of the statutes is amended to read:

AB377,17,14 118.60 (7) (b) 3m. Annually, schedule 2 meetings at least one meeting each month at which members of the governing body of the private school will be present and at which pupils, and the parents or guardians of pupils, applying to attend the private school or attending the private school may meet and communicate with the members of the governing body. The meetings shall be open to the public. The private school shall, within 30 days after the start of the school term, notify the department in writing of the scheduled meeting dates and shall, at least 30 days before the scheduled meeting date, notify in writing each pupil, or the parent or guardian of each minor pupil, applying to attend the private school or attending the private school of the meeting date, time, and place. The private school shall provide notice of the meetings in the manner provided in s. 19.84.

AB377,42 Section 42. 118.60 (7) (b) 9. of the statutes is created to read:

AB377,17,20 118.60 (7) (b) 9. Permit public inspection and copying of any record, as defined in s. 19.32 (2), of the private school to the same extent as required of, and subject to the same terms and enforcement provisions that apply to, a school board under subch. II of ch. 19. This subdivision applies only to records that relate to pupils attending the private school under this section.

AB377,43 Section 43. 118.60 (7) (d) 1. b. of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

AB377,18,3 118.60 (7) (d) 1. b. A Except as provided in subd. 1. c., a copy of the school's current certificate of occupancy issued by the municipality within which the school is located. If the private school moves to a new location, the private school shall submit a copy of the new certificate of occupancy issued by the municipality within which the school is located to the department before the attendance of pupils at the new location and before the next succeeding date specified in s. 121.05 (1) (a).

AB377,18,11 c. If the municipality within which the private school is located does not issue certificates of occupancy, the private school may submit a certificate of occupancy issued by the local or regional governmental unit with authority to issue certificates of occupancy or a letter or form from the municipality within which the private school is located that explains that the municipality does not issue certificates of occupancy. A temporary certificate of occupancy does not meet the requirement of this subdivision private school to which this subd. 1. c. applies shall annually obtain a building inspection of the school building.

AB377,44 Section 44. 118.60 (7) (d) 1. d. of the statutes is created to read:

AB377,18,14 118.60 (7) (d) 1. d. A temporary certificate of occupancy does not satisfy the requirements of this subdivision.

AB377,45 Section 45. 118.60 (7) (i) of the statutes is created to read:

AB377,18,19 118.60 (7) (i) 1. Each private school participating in the program under this section shall annually conduct state and federal background checks of all teachers and administrators employed by the private school on the effective date of this subdivision .... [LRB inserts date].

AB377,18,24 2. Beginning on the effective date of this subdivision .... [LRB inserts date], each private school participating in the program under this section shall annually conduct state and federal background checks of each individual who applies to teach in or serve as an administrator of the private school prior to extending an offer of employment to that individual.

AB377,19,4 3. A participating private school may not employ a person as a teacher or administrator or contract with the person to serve as a teacher or administrator if the person would not be eligible to be employed, licensed, or permitted for any of the reasons specified under s. 115.31 (2g) or (6m) or 115.315.

AB377,46 Section 46. 118.60 (10) (a) 3. of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

AB377,19,9 118.60 (10) (a) 3. Failed to refund to the state any overpayment made under s. 118.60 (4) (b), 2011 stats., or s. 118.60 (4) (bg), 2011 stats., or under sub. (4) (bg) (bd) or (4m) by the date specified by department rule.

AB377,47 Section 47. 118.60 (10) (a) 7. of the statutes is amended to read:

AB377,19,11 118.60 (10) (a) 7. Violated sub. (7) (b) 3m., 4., 5., or 6., or 9.

AB377,48 Section 48. 118.60 (10) (a) 9. of the statutes is created to read:

AB377,19,14 118.60 (10) (a) 9. Violated s. 118.016, 118.19 (1), 118.305, 118.31, or 118.33 (1) (f) 5.

AB377,49 Section 49. 118.60 (10) (a) 10. of the statutes is created to read:

AB377,19,16 118.60 (10) (a) 10. Violated the rules promulgated under s. 120.13 (1) (i).

AB377,50 Section 50. 118.60 (10) (bg) of the statutes is created to read:

AB377,19,22 118.60 (10) (bg) The state superintendent may issue an order immediately terminating a private school's participation in the program under this section if he or she determines that the owner of the private school would not be eligible or permitted to be employed, licensed, or permitted for any of the reasons specified under s. 115.31 (2g) or (6m) or 115.315.

AB377,51 Section 51. 118.60 (10) (br) of the statutes is created to read:

AB377,20,3 118.60 (10) (br) The state superintendent may issue an order immediately terminating a private school's participation in the program under this section if he or she determines that the private school has failed to comply with the requirements under sub. (7) (i) 1. or 2. or if the private school employs an individual in contravention of the prohibitions under sub. (7) (i) 3.

AB377,52 Section 52. 118.60 (10) (c) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

AB377,20,8 118.60 (10) (c) Whenever the state superintendent issues an order under par. (a), (am), (ar), or (b), (bg), or (br), he or she shall immediately notify the parent or guardian of each pupil attending the private school under this section.

AB377,53 Section 53. 118.60 (11) (d) of the statutes, as created by 2013 Wisconsin Act 20, is repealed.

AB377,54 Section 54. 119.23 (2) (a) 1. a. of the statutes is amended to read:

AB377,20,21 119.23 (2) (a) 1. a. The Except as provided in subd. 1. am., the pupil is a member of a family that has a total family income that does not exceed an amount equal to 3.0 times the poverty level determined in accordance with criteria established by the director of the federal office of management and budget. In this subdivision and sub. (3m), family income includes income of the pupil's parents or legal guardians. The family income of the pupil shall be verified as provided in subd. 1. b. A pupil attending a private school under this section whose family income increases, including a pupil who attended a private school under this section in the 2010-11 school year and whose family income has increased, may continue to attend a private school under this section.

AB377,55 Section 55. 119.23 (2) (a) 1. am. of the statutes is created to read:

AB377,21,6 119.23 (2) (a) 1. am. Beginning in the 2014-15 school year, the pupil is a member of a family that has a total family income that does not exceed an amount equal to 1.85 times the poverty level determined in accordance with criteria established by the director of the federal office of management and budget. In this subdivision and sub. (3m), family income includes income of the pupil's parents or legal guardians. The family income of the pupil shall be verified as provided in subd. 1. b. A pupil attending a private school under this section whose family income increases above the income level in this subd. 1. am. may continue to attend a private school under this section.

AB377,56 Section 56. 119.23 (2) (a) 6m. of the statutes is created to read:

AB377,21,11 119.23 (2) (a) 6m. All instructional staff employed by the private school hold a license or permit to teach issued by the department. For purposes of this subdivision, "instructional staff" has the meaning given in the rules promulgated by the department under s. 121.02 (1) (a) 2.